In the matter of Loremo Pty Ltd [2018] NSWSC 1355

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Loremo Pty Ltd [2018] NSWSC 1355 Hearing dates: 13 August 2018 Decision date: 13 August 2018 Jurisdiction: Equity - Corporations List Before: Black J Decision: Order made appointing Mr Michael Smith as provisional liquidator to the Defendant. Catchwords: CORPORATIONS – winding up – application for appointment of provisional liquidator – whether sole director has standing to bring application for winding up order of company – where sole director of company no longer wishes to act in that capacity – where company is likely to be insolvent – where reasonable prospect that winding up order would be made – whether provisional liquidator should be appointed. Cases Cited: - Australian Securities Commission v Solomon (1996) 19 ACSR 73 - Lubavitch Mazal Pty Ltd v Yeshiva Properties No 1 Pty Ltd [2003] NSWSC 535; (2003) 47 ACSR 197 - Re Interchase Management Services Pty Ltd (in liq) (1992) 111 ALR 561, 9 ACSR 148 - Re New Cap Reinsurance Corp Holdings Limited (1999) 32 ACSR 234 - Re Therma Truck Pty Ltd [2016] NSWSC 266 - Re United Medical Protection Ltd [2002] NSWSC 413 - Trans Pacific Insurance Corporation [2009] NSWSC 308 Texts Cited: - Austin & Black's Annotations to the Corporations Act [5.459E] Category: Principal judgment Parties: Caan Neil Phillips (Plaintiff/Applicant) Loremo Pty Limited (Defendant) Representation: Counsel: D S Weinberger (Plaintiff/Applicant)